Moto Stacker Terms & Conditions of Supply
For clarity, key terms used in these Terms & Conditions are defined in Section 13 at the end of this document. We recommend reviewing these definitions first to ensure a clear understanding of the terms used.
1. Orders
1.1. These Terms & Conditions (“T&Cs”) will apply to any supply of Goods by Moto Stacker to the Customer. Any Order by the Customer to Moto Stacker will constitute agreement to these T&Cs by the Customer.
1.2. Any quotation by Moto Stacker does not constitute an offer to supply. Unless otherwise stated by Moto Stacker, any quotation by Moto Stacker will remain valid for 30 days from the date of the quotation (provided that Moto Stacker may withdraw or vary a quotation at any time prior to Moto Stacker’s acceptance of an Order).
1.3. No Order by the Customer will be binding on Moto Stacker unless Moto Stacker accepts the Order. If Moto Stacker accepts an Order, the parties will have created a binding Contract and Moto Stacker will supply the Goods to the Customer, and the Customer will pay the Price to Moto Stacker in accordance with the terms of the Contract (which will include these T&Cs), but the Contract will be subject to:
(a) the availability of the materials necessary to supply the Goods; and
(b) if the Customer is seeking credit terms, Moto Stacker agreeing to grant credit to the Customer.
1.4. The Customer is not entitled to cancel any Order or Contract and must pay to Moto Stacker any costs associated with the Customer purporting to cancel any Order or Contract.
1.5. Moto Stacker may cancel any Contract at any time prior to delivery of the Goods with no liability other than to repay any amount of the Price paid in advance of the cancellation.
1.6. Moto Stacker will be entitled to rely on the accuracy of any information or instructions provided by the Customer.
2. Price
2.1. Unless otherwise agreed by Moto Stacker in writing, Moto Stacker may invoice the Customer for Goods on the date Moto Stacker supplies the Goods.
2.2. Unless otherwise stated by Moto Stacker in writing, the Price of goods sold by Moto Stacker is:
(a) exclusive of GST. GST shall be payable in addition to the quoted price at the applicable rate, and
(b) delivery, shipping and handling charges.
2.3. For international buyers, GST is generally not applicable, however, the Customer is responsible for any local taxes, duties, or levies required by their jurisdiction.
2.4. In in addition to the Price, Moto Stacker may charge any other agreed fees or surcharges.
2.5. The Customer must not withhold, make deductions from, or off-set, payment of any money owed to Moto Stacker for any reason.
2.6. Moto Stacker reserves the right to change the Price of goods at any time without prior notice, except where a formal agreement in writing has been made.
3. Delivery of Goods
3.1. If Moto Stacker agrees to deliver Goods, Moto Stacker:
(a) Moto Stacker will charge delivery charges in Moto Stacker’s price list or notified by Moto Stacker to the Customer;
(b) Moto Stacker will endeavour to deliver the Goods to the Delivery Address on the Delivery Date; and
(c) Moto Stacker may charge further delivery charges if the Customer is unable to receive delivery of the Goods at the Delivery Address or on the Delivery Date or in accordance with any other delivery arrangements.
3.2. Moto Stacker may deliver Goods in separate instalments. Moto Stacker will not be liable for any delay in the delivery of Goods to the Delivery Address.
3.3. The Customer will ensure a member of the Customer’s Personnel will be at the Delivery Address on the Delivery Date to sign the delivery docket on the Customer’s behalf. The signature of a member of the Customer’s Personnel on the delivery docket will represent the Customer’s acknowledgement that the Goods comply with the Contract and these T&Cs. Moto Stacker may deliver Goods to the Delivery Address regardless of whether there is anyone at the Delivery Address at the time of delivery.
3.4. The Customer agrees:
(a) Moto Stacker’s responsibility for delivery of Goods will cease at the kerbside or public roadway frontage of the Delivery Address;
(b) the Customer must provide safe access for delivery of Goods including but not limited to providing safety measures such as traffic control; and
(c) Moto Stacker may refuse to deliver Goods, and return the Goods at the Customer’s cost, if Moto Stacker or a member of Moto Stacker’s Personnel considers it would be unsafe to deliver the Goods.
3.5. The Customer must inspect the Goods, and will be deemed to have accepted the Goods, immediately on collection or delivery of the Goods.
4. Risk
4.1. If Moto Stacker agrees to deliver Goods, the risk in the Goods will pass to the Customer immediately when the Goods are delivered to the Delivery Address.
4.2. If the Customer agrees to collect the Goods, the risk in the Goods will pass to the Customer immediately when the Goods are placed on any vehicle or means of conveyance.
5. Title
5.1. The Customer will not receive title to the Goods until the Customer makes full payment of the Price of the Goods (and any other amounts payable to Moto Stacker).
5.2. Until title in the Goods passes to the Customer in accordance with these T&Cs, the Customer will:
(a) be only a bailee of the Goods;
(b) ensure the Goods are kept separate and identifiable from other goods;
(c) not grant any charge over, or interest in, the Goods to any third party;
(d) return any Goods to Moto Stacker immediately on request;
(e) authorise Moto Stacker or any agent of Moto Stacker to enter any land and premises owned, occupied or controlled by the Customer where the Goods are located and take possession of the Goods; and
(f) hold the proceeds from any sale or disposal of the Goods on trust for Moto Stacker,
and Moto Stacker may repossess, retain, deal with and/or sell the Goods as Moto Stacker determines in Moto Stacker’s absolute discretion.
5.3. Moto Stacker may, for the purposes of exercising Moto Stacker’s rights under clause 5.2, enter any premises owned, occupied or controlled by the Customer and remove the Goods.
6. Credit and Personal Property Securities
6.1. The Customer must make full payment of the Price and any other amounts payable to Moto Stacker before Moto Stacker supplies Goods to the Customer unless Moto Stacker has granted credit terms to the Customer in which case the Customer must make full payment of the Price and any other amounts payable to Moto Stacker within 7 days of the date of Moto Stacker’s tax invoice (or such alternative period agreed by Moto Stacker in writing).
6.2. If Moto Stacker grants credit terms to the Customer, then, to secure the punctual payment of all amounts owed by the Customer to Moto Stacker, the Customer grants to Moto Stacker:
(a) a security interest (as defined under the PPSA) in the nature of a charge over all present and after-acquired property of the Customer in relation to which the Customer can be a grantor of a security interest under the PPSA, whether or not the Customer has title to the property, including but not limited to all PPSA retention of title property (as defined under section 51F of the Corporations Act); and
(b) a fixed charge over all present and after acquired property of the Customer in relation to which the Customer cannot be a grantor of a security interest under the PPSA.
6.3. The Customer agrees and acknowledges Moto Stacker may (without limiting Moto Stacker’s other rights under these T&Cs, at law or otherwise) take any action to secure and enforce Moto Stacker’s security under clause 6.2.
6.4. The Customer must reimburse Moto Stacker for the full amount of any bank or other fees associated with any dishonoured payments or cheques and any legal, debt recovery or other expenses incurred by Moto Stacker associated with any action by Moto Stacker to recover money from the Customer.
6.5. The Customer:
(a) agrees that, to the extent permitted under section 115(1) of the PPSA, the following provisions of the PPSA do not apply: sections 95, 118, 121(4), 125, 130, 132(3)(d), 135, 138B(4), 142 and 143;
(b) agrees that, to the extent permitted under section 115(7) of the PPSA, the following provisions of the PPSA do not apply: sections 127, 129(2), 129(3), 132, 134(2), 135, 136(5) and 137;
(c) acknowledges that Moto Stacker may, at the Customer’s cost, register one or more financing statements in relation to any security;
(d) waives, if permitted under the PPSA, the Customer’s right under section 157 of the PPSA to receive notice of any verification statement relating to the registration of any financing statement or any related financing change statement;
(e) will not, without prior written notice to Moto Stacker, change the Customer’s name or initiate any change to any documentation registered under the PPSA; and
(f) agrees with Moto Stacker that neither the Customer, nor Moto Stacker, will disclose information of the kind specified in section 275(1) of the PPSA (except in the circumstances required by sections 275(7)(b) to (e) of the PPSA).
7. Force Majeure
Moto Stacker will not be liable to the Customer for any failure to perform, or delay in performing, Moto Stacker’s obligations under these T&Cs if the failure or delay is due to any cause beyond Moto Stacker’s reasonable control and if any such failure or delay continues for a period of 14 days Moto Stacker may terminate any affected Contract.
8. Intellectual Property and Confidential Information
8.1. All Intellectual Property Rights in all designs, drawings, technical information and documents created by Moto Stacker in relation to the Goods will remain with Moto Stacker and will not be assigned to the Customer and no supply of Goods to the Customer will grant to the Customer any Intellectual Property Rights in respect of the Goods or such designs, drawings, technical information or documents.
8.2. If Moto Stacker supplies any designs, drawings, technical information or documents to the Customer as part of the Goods, Moto Stacker grants the Customer a non-exclusive, non-transferrable, right to use the designs, drawings, technical information and documents strictly and only for the purposes of the Customer’s use of the Goods.
8.3. The Customer will not use, or disclose, any Confidential Information disclosed by Moto Stacker to the Customer.
9. Warranties and Insurance
9.1. The Customer must at all times strictly comply with Moto Stacker’s manual(s) and any other documentation or information made available by Moto Stacker in connection with the Goods.
9.2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
9.3. In addition to all rights and remedies under law, the Goods are covered by a limited warranty against defects for ten (10) years from the date of dispatch by Moto Stacker. In order to claim the warranty, contact Moto Stacker at info@motostacker.com, and return the Goods to Moto Stacker with proof of purchase, details of the alleged defects and all other information reasonably requested by Moto Stacker. If there has been any failure to comply with Moto Stacker’s manual(s) or any other documentation or information made available by Moto Stacker, then, to the extent permitted by law, the warranty will be void.
9.4. Moto Stacker excludes all express and implied conditions and warranties in relation to the Goods except those conditions or warranties that are set out in these T&Cs or cannot be excluded by law and Moto Stacker’s liability under any such conditions or warranties is limited to, at Moto Stacker’s option, arranging to replace or repair the Goods, or resupplying the Goods, or refunding the Price.
9.5. Nothing in these T&Cs are intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth) or any Fair Trading Act 1987 (NSW) except to the extent permitted by such Acts.
9.6. Moto Stacker will at all times effect and maintain public and products liability insurance in the amount of $20 million.
10. Liability and Indemnity
10.1. Moto Stacker’s liability for any Liability or Claim in relation to these T&Cs, any Contract, and any supply of Goods (whether under statute, contract, tort, negligence or otherwise) will be limited to the amount of the Price paid by the Customer to Moto Stacker.
10.2. Moto Stacker will not be liable for any Liability or Claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.
10.3. The Customer indemnifies Moto Stacker and each member of Moto Stacker’s Personnel from and against any Liability or Claim arising directly or indirectly in relation to:
(a) the accuracy of all information provided by the Customer;
(b) the Customer’s breach of these T&Cs or any Contract;
(c) the negligence or wilful misconduct of the Customer or any member of the Customer’s Personnel;
(d) Moto Stacker or any member of Moto Stacker’s Personnel delivering the Goods in accordance with the Customer’s instructions;
(e) damage to the property of the Customer or any third party during any delivery of Goods;
(f) any damage to Goods during transport or delivery;
(g) the Customer or any member of the Customer’s Personnel refusing to accept any delivery;
(h) the Customer purporting to cancel any Order or Contract; and
(i) any proceedings, claims and demands in relation to any secured property.
11. Termination
Moto Stacker may immediately terminate, or suspend the performance of, any Contract and the Customer must immediately pay any money owed to Moto Stacker if:
(a) the Customer breaches a term of these T&Cs or any Contract and does not remedy the breach within 7 days of receiving a notice from Moto Stacker requiring the Customer to do so;
(b) the Customer breaches a term of these T&Cs or any Contract which is not capable of remedy;
(c) there is any change in the Control of the Customer; or
(d) an Insolvency Event arises in relation to the Customer.
12. Miscellaneous
12.1. The parties agree:
(a) no Contract will create any partnership, joint venture or agency between the parties;
(b) these T&Cs or any Contract may only be amended with Moto Stacker’s express written agreement;
(c) any waiver by Moto Stacker must be express and in writing;
(d) Moto Stacker’s rights under these T&Cs or any Contract do not exclude any other rights of Moto Stacker;
(e) the actions of any person claiming to have the Customer’s authority will bind the Customer to the extent permitted by law;
(f) if any provision of these T&Cs or any Contract is unenforceable, the provision will be severed and the remaining provisions will continue to apply;
(g) the Customer must immediately provide written notice to Moto Stacker if there is any change in the Control of the Customer;
(h) Moto Stacker may assign any rights or benefits under any Contract or these T&Cs or any Contract to any third party;
(i) the Customer may only assign any rights or benefits under any Contract or these T&Cs or any Contract with Moto Stacker’s prior written consent; and
(j) these T&Cs and any Contract will be governed by the laws of, and the parties submit to the jurisdiction of the courts of, the state of New South Wales.
12.2. In these T&Cs:
(a) the headings will not affect interpretation;
(b) the singular includes the plural and vice versa;
(c) any other grammatical form of a word or expression defined in these T&Cs has a corresponding meaning;
(d) a reference to a document includes the document as novated, altered, supplemented or replaced;
(e) a reference to a party includes the party’s executors, administrators, heirs, successors in title, permitted assigns and substitutes;
(f) a reference to a person includes a natural person, body corporate, partnership, trust, association or any other entity;
(g) a reference to a statute, ordinance, code or law includes regulations, rules and other instruments under the statute, ordinance, code or law and any consolidations, amendments, re-enactments or replacements;
(h) the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions;
(i) any agreement, representation, warranty or indemnity by two or more parties binds those parties jointly and severally;
(j) any undertaking by a party not to do any act or thing will be deemed to include an undertaking not to permit or suffer the doing of that act or thing;
(k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these T&Cs; and
(l) if a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed or the event must occur on or by the next business day.
13. Definitions
In these T&Cs:
Claim means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise;
Confidential Information means information, whether in visual, oral, documentary, electronic, machine-readable, tangible, intangible or any other form, relating to Moto Stacker including but not limited to any information relating to any business, products, markets, operations, processes, techniques, technology, forecasts, strategies or any other matter;
Contract means a contract formed as a result of the acceptance of an Order by Moto Stacker;
Control has the meaning set out in the Corporations Act;
Corporations Act means the Corporations Act 2001 (Cth);
Customer means the customer set out in any quotation, offer or other document provided by Moto Stacker (or, in the absence of such information, the customer who placed the Order);
Delivery Address means the address for the delivery of the Goods in a Contract;
Delivery Date means the date for the delivery of the Goods in a Contract;
Goods means the goods in a Contract;
Insolvency Event means any of the following, or any analogous, events:
(a) the Customer disposes of the whole or any part of the Customer’s assets, operations or business other than in the ordinary course of business;
(b) the Customer ceases, or threatens to cease, carrying on business;
(c) the Customer is unable to pay the Customer’s debts as the debts fall due;
(d) any step is taken by a mortgagee to take possession or dispose of the whole or any part of the Customer’s assets, operations or business;
(e) any step is taken for the Customer to enter into any arrangement or compromise with, or assignment for the benefit of, the Customer’s creditors or any class of the Customer’s creditors; or
(f) any step is taken to appoint an administrator, receiver, receiver and manager, trustee, provisional liquidator or liquidator of the whole or any part of the Customer’s assets, operations or business;
Intellectual Property Rights means any present or future rights conferred by statute, common law or equity in any part of the world in relation to any confidential information, copyright, trade marks, service marks, designs, patents, circuit layouts, plant varieties, business names, domain names, inventions, trade secrets or other results of intellectual activity in any industrial, commercial, scientific, literary or artistic fields;
Liability means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees);
Moto Stacker means Moto Stacker Pty Ltd ABN 77 644 940 385;
Order means any written, verbal or other order by the Customer to Moto Stacker for Goods;
Personnel means any employee, servant, contractor, subcontractor, agent, partner, director or officer of a party;
PPSA means Personal Property Securities Act 2009 (Cth);
Price means the price of the Goods; and
T&Cs means these Terms and Conditions of Supply.
Moto Stacker Pty Ltd
ABN 77 644 940 385
T&C-V3.0-01092025
Moto Stacker is a Registered Trademark of Horvat Nominees Pty Ltd. All Product Designs are internationally Registered and Patent Pending.